TON 

UNITED STATES 

Plai 

v. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF PENNSYLVANIA 

.~ ... 

OF AMERICA, ) 

) 

.ntifif, ) 

) 

) 

) Civil 

SEQUA CORPORATION; AND 1 

JOHN H. THOMPSON, ) 

) 

Defendants. ) 

i 

NOTICE OF LODGING 

REMEDIAL ACTION/REMEDIAL DESIGN CONSENT DECREE 

The United States respectfully provides notice of the 

lodging of a Remedial Action/Remedial Design Consent Decree 

('Consent Decree") related to the Dublin TCE Site ("Site"), 

located at or near 120 Mill Street, Borough of Dublin, Bucks 

County, Pennsylvania. The notice is being provided concurrently 

with the filing of the United States' Complaint in this matter. 

No action is required by the Court at this time, because the 

Consent Decree is subject to a thirty-day public comment period, 

as discussed below. 

The United States, on behalf of the Administrator of the 

United States Environmental Protection Agency ("EPA"), is filing 

the Complaint, pursuant to Sections 106, 107 and 113(b) of the 

Comprehensive Environmental Response, Compensation and Liability 

Act of 1980, as amended ("CERCLA"), 42 U.S.C. 55 9606, 9607(a) 

and 9613(b). The Complaint names the Sequa Corporation ("Sequa") 

and John H. Thompson ("Thompson") as defendants in this action. 

Case 2:05-cv-01580-TON Document 2 Filed 04/06/05 Page 1 of 5
The Complaint seek.s recovery of response costs incurred or paid 

by the United States, subsequent to September 30, 1999, as well 

as costs to be incurred, in response to the release or 

substantial threat of release of hazardous substances at the 

Site. Further, the Complaint requests that the Court enter an 

order requiring defendants to implement the remedy for the Site 

selected in the Record of Decision ("ROD"), as amended, issued by 

EPA on September 53, 2002. Prior to filing the Complaint, the 

United States and defendants Sequa and Thompson conducted good 

faith settlement negotiations and reached a settlement. The 

settlement resolves the United States' claims for relief set 

forth in the Complaint with respect to both defendants. The full 

terms of the settlement are incorporated into the Consent Decree 

lodged with the clerk of the court simultaneously with the filing 

of the Complaint. The Consent Decree provides that defendants 

will, inter alia: (a) implement the remedial measures specified 

in the Consent Decree, (b) pay the United States' past costs in 

the amount specified in the Consent Decree, and (c) pay the 

United States' future response costs incurred in connection with 

the Site. 

In considering a consent decree, the district court's role 

is only to "satisfy itself that the settlement is reasonable, 

fair, and consistent with the purposes that CERCLA is intended to 

serve." United States v. Cannons Enqineerinq Cor~., 899 F.2d 79, 

Case 2:05-cv-01580-TON Document 2 Filed 04/06/05 Page 2 of 5
84 (Ist Cir. 1990); United States v. Charles Georqe Truckinq, 

Inc., 34 F.3d 1081, 1084 (Ist Cir. 1994). As stated at page 4 of 

the Consent Decree, the parties believe that the Consent Decree 

"is fair, reasonable, and in the public interest." Further, as 

stated below and consistent with the Consent Decree, the United 

States will file an appropriate motion regarding entry of the 

Consent Decree fol.lowing expiration of the required public 

comment period. 

Pursuant to Department of Justice policy, 28 C.F.R 

5 50.7, and Section XXXIV of the Consent Decree, the United 

States is lodging the executed Consent Decree at this time, 

subject to notice of it being published in the Federal Register 

for a thirty-day (30) public comment period. Upon expiration of 

the public comment period and subject to a review of any comments 

received, the United States will file an appropriate motion 

regarding entry of the Consent Decree. Accordingly, no action is 

required by the Court until the public comment period expires and 

the United States files an appropriate motion. 

Respectfully submitted, 

THOMAS L. SANSONETTI 

Assistant Attorney General 

Environment and Natural Resources 

Division 

NATHANIEL DOUGLAS 

Trial Attorney 

Environmental Enforcement Section 

Case 2:05-cv-01580-TON Document 2 Filed 04/06/05 Page 3 of 5
Environmental and Natural Resources 

Division 

U.S. Department of Justice 

P.O. Box 7611 

Ben Franklin Station 

Washington, D.C. 20044 

Tele. No. (202)514-4628 

Fax No. (202) 616-6583 

PATRICK L. MEEEAN 

United States Attornev 

Eastern District of Pennsylvania 

I 

(3~~~4,~~ BARBARA ROWLAND ae~aLJ - 

Assistant United States Attorney 

Eastern District of Pennsylvania 

615 Chestnut Street, Suite 1250 

Philadelphia, PA 19106 

Tele. No. 215-861-8200 

OF COUNSEL: 

JEFFERIE E. GARCIA 

Assistant Reqional Counsel 

Office of Regional Counsel 

EPA Region I11 

1650 Arch Street 

Philadelpnia, PA 19103 

Case 2:05-cv-01580-TON Document 2 Filed 04/06/05 Page 4 of 5
CERTIFICATE OF SERVICE 

I hereby certify that on&!l:[ (j , 2005, copies of this 

Notice of Lodging and the Consent Decree, with Attachments, 

executed by the parties, were served on counsel listed below by 

United States Mail, Postage Prepaid: 

Christopher W. Boyle, Esq 

Drinker- Biddle & ~eath LLP gpR - 

One Logan Square 

18~" and cherry Streets 

Philadelphia, PA 19103 

Jay H. Karsch, Esq. 

Eastburn & Gray, P.C. 

60 E. Court Street 

P.O. Box 1389 

Doylestown, PA 18901 

Trial Attorney 

Environmental Enforcement Section 

Environment and Natural Resources 

Division 

U.S. Department of Justice 

P.O. Box 7611 

Ben Franklin Station 

Washington, D.C. 20044 

Tele. No. (202) 514-4628 

Fax No. (202) 616-6583 

Case 2:05-cv-01580-TON Document 2 Filed 04/06/05 Page 5 of 5